1 2025:CGHC:43990 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6418 of 2025 • Vijay Yadav, S/o Shivbalak Yadav, Aged About 30 Years, Caste Ahir, Occupation Farmer, R/o Gram Khurdeh, Thana Dhaurpur, Tehsil Laundra, District Surguja, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh, Through The Station House Officer, Police Station Dhaurpur, District Surguja (C.G.). ... Non-applicant (Cause title taken from Case Information System) For Applicant : Ms. Hamida Siddiqui, Advocate. For State/Non-applicant : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.08.2025 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.19/2025 registered at Police Station Dhaurpur, District Surguja (C.G.) for the offence punishable under Sections 296, 109(1) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4 & 6 Tonhi Pratadna Nivaran Act, 2005. 2. The prosecution story, in brief, is that on 04.06.2025, complainant DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA 2 Rajan Yadav lodged a written complaint before the Police Station Dhaurpur, District Surguja (C.G.). At about 1:30 pm, he had gone to graze his buffaloes, then present applicant came there with a bamboo stick in his hand and started abusing the mother of the complainant that you have eaten my child and you also doing black magic, assaulted the mother of the complainant with an intention to kill her, as result of which, she sustained injuries on her head, back, left hand and waist. Subsequently, she has been taken to the hospital for treatment. Thereafter, a case was registered against the present applicant. 3. Learned counsel for the applicant submits that present applicant is innocent and has been falsely implicated in crime in question. It is further submitted by the counsel for the applicant that complaint of the injured is that there was a quarrel arose between both the parties with respect to the grazing fo the buffaloes, on which applicant is said to have assaulted the complainant’s mother with a hard and blunt object on her head and according to the CT-Scan Report, there is no internal damage has been caused to her. She further submits that charge sheet has already been filed in the present case and applicant is in jail since 12.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that though, there is no any criminal antecedent of the applicant, but charge has already been filed, therefore, this bail application is liable to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. After hearing the submissions advanced by learned counsel for the parties as well as the fact that as per CT-Scan Report no internal damage has been found, further considering the fact that there is no any criminal antecedent registered against the applicant and also considering that charge has already been filed in the instant case and he is in jail since 12.06.2025 and the conclusion of the trial is likely to take sometime, I am of the opinion that the applicant is entitled to be released on bail in this case 7. Accordingly, the instant bail application of the applicant is allowed. Let the Applicant – Vijay Yadav, involved in Crime No.19/2025 registered at Police Station Dhaurpur, District Surguja (C.G.) for the offence punishable under Sections 296, 109(1) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4 & 6 Tonhi Pratadna Nivaran Act, 2005, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued 4 and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six weeks from the receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice